Punjab-Haryana High Court
Sarwan Singh @ Dhanna @ Swaran Singh vs State Of Punjab on 12 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:035255
2024:PHHC:035255
CRM-M-59518-2023 #1#
213
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-59518-2023
Date of Decision:-12.03.2024
SARWAN SINGH @ DHANNA @ SWARAN SINGH
......Petitioner.
VERSUS
STATE OF PUNJAB
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Lovepreet Handa, Advocate
for the Petitioner.
Mr. Deepinder Singh Brar, Addl. DAG, Punjab.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.171 dated 07.08.2022 registered under Section 21 of the NDPS Act, 1985, (Sections 29, 30 of the NDPS Act added later on) at Police Station Special Task Force Phase-4, Mohali, District STF Wing.
2. The brief facts of the case are that Sarwan Singh @ Dhanna @ Swaran Singh (petitioner) son of Kashmir Singh and Jasvir Singh @ Jass son of Lal Singh were apprehended with 600 grams of heroin.
3. Jasvir Singh @ Jass disclosed that the heroin which had been recovered from them had been obtained from Gursewak Singh @ Sucha @ Babbu son of Gurdeep Singh, Gurdeep Singh @ Nagar Singh and Mohan Singh @ Mohna. Jasvir Singh further disclosed that 4 days prior to his arrest, he had delivered 100 grams of heroin to Binny Tak, Assistant Superintendent Central Jail, Faridkot. On the basis of the disclosure 1 of 6 ::: Downloaded on - 14-03-2024 04:23:34 ::: Neutral Citation No:=2024:PHHC:035255 2024:PHHC:035255 CRM-M-59518-2023 #2# statement, Gursewak Singh @ Sucha @ Babbu Gurdeep Singh @ Nagar Singh, Mohan Singh @ Mohna and Binny Tak were nominated as accused vide DDR No.13 dated 13.08.2022.
Binny Tak was arrested and suffered his disclosure statement that out of the heroin which had been received by him from Jasvir Singh, he had given 50 grams to one Buta Khan @ Bagga Khan who was confined in Central Jail, Faridkot at that time. On the basis of the said statement, Buta Khan @ Bagga Khan was nominated as an accused vide DDR No.24 dated 02.09.2022.
Binny Tak and Buta Khan @ Bagga Khan were declared innocent. After the completion of the investigation, the report under Section 173(2) Cr.P.C. was submitted against petitioner-Sarwan Singh @ Dhanna @ Swaran Singh, Jasvir Singh @ Jass and Gurdeep Singh.
A supplementary challan was submitted against Gursewak Singh @ Sucha @ Babbu and thereafter on the arrest of the petitioner, yet another supplementary challan was submitted against him on 27.02.2024.
4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was a first-time offender, in custody since 07.08.2022 and none of the 13 prosecution witnesses had been examined so far, the Trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising 2 of 6 ::: Downloaded on - 14-03-2024 04:23:34 ::: Neutral Citation No:=2024:PHHC:035255 2024:PHHC:035255 CRM-M-59518-2023 #3# out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023 arising out of impugned final judgment and order dated 29.11.2022 in CRM(NDPS) No.1323/2022, decided on 04.05.2023.
5. On the other hand, the learned State counsel contends that commercial quantity of contraband has been recovered from the petitioner. Therefore, in view of the bar contained under Section 37 of the NDPS Act, the petitioner was not entitled to the grant of bail. He, however, concedes that the petitioner is a first time offender, in custody since 07.08.2022 and none of the 13 prosecution witnesses had been examined so far.
6. I have heard the learned counsel for the parties.
7. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on 01.08.2022 held as under:-
"As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.
The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.
During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.
3 of 6 ::: Downloaded on - 14-03-2024 04:23:34 ::: Neutral Citation No:=2024:PHHC:035255 2024:PHHC:035255 CRM-M-59518-2023 #4# Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.
The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.
The Special Leave Petition is disposed of on the aforestated terms.
Pending application(s), if any, shall stand disposed of."
8. In Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023, decided on 04.05.2023, held as under:-
"1. There are three petitioners in this Special Leave Petition, who were accused of committing an offence under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `NDPS Act') in FIR No.18/2022, dated 09.01.2022, registered at Police Station Islampur, District Murshidabad, West Bengal.
2. The allegations are that when the police party intercepted the petitioners along with another person riding on two motorcycles, they were found in possession of codeine phosphate in a consignment of phensedyl bottles loaded in two nylon bags. During the search, 115 bottles (100 ml. each) of phensedyl were recovered from the joint possession of the petitioners. They were arrested on the spot and have been in custody for more than one year and four months.
3. We have heard learned counsel for the parties and carefully perused the record.
4. The investigation is complete; chargesheet has been filed, though the charges are yet to be framed. The conclusion of trial will, thus, take some reasonable time, regardless of the direction issued by the High Court to 4 of 6 ::: Downloaded on - 14-03-2024 04:23:34 ::: Neutral Citation No:=2024:PHHC:035255 2024:PHHC:035255 CRM-M-59518-2023 #5# conclude the same within one year from the date of framing of charges. The petitioners do not have any criminal antecedents. There is, thus, substantial compliance of Section 37 of the NDPS Act.
5. In such circumstances, but without expressing any views on the merits of the case, we deem it appropriate to release the petitioners on bail subject to the terms and conditions as may be imposed by the Trial Court.
6. Additionally, it is clarified that in case the petitioners are found involved in any other case under the NDPS Act or other penal law, it shall amount to misuse of the concession of bail granted to them today, and in such a case, necessary consequences shall follow.
7. The petitioners are further directed to appear before the Trial Court regularly. In the event of they being absent, it shall again be taken as a misuse of concession of bail.
8. The Special Leave Petition stands disposed of in the above terms.
9. As a result, pending interlocutory application also stands disposed of.
(emphasis supplied)
9. In the instant case, the petitioner is stated to be in custody since 07.08.2022 and none of the 13 prosecution witnesses have been examined so far. He is also a first-time offender with no other case registered against him. In this situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the case of the petitioner can be considered for the grant of bail.
10. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Sarwan Singh @ Dhanna @ Swaran Singh is ordered to be released on bail subject to his furnishing bail bonds 5 of 6 ::: Downloaded on - 14-03-2024 04:23:34 ::: Neutral Citation No:=2024:PHHC:035255 2024:PHHC:035255 CRM-M-59518-2023 #6# and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.
11. The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the present case.
12. In addition, the petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause.
13. The petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
12.03.2024
JITESH
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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